Welcome to CJ 101 Seminar Take a deep breath and relax. We’ll be starting at the top of the hour. ~ J. C. Paez

Power Point Assignment Presentation that meets the following criteria: 1.Summarize the five core operational strategies and the ancillary support strategy of law enforcement. 2.Explain how these strategies are used by law enforcement agencies to achieve their crime fighting goals.

Power Point Assignment Presentation must consist of no fewer than six (6) slides (at least one slide per strategy). The title slide and references slide are also required and are not included in this total. Due by the end of Unit 4

Unit 4 Assignment – Quiz? Six scenarios where a fundamental due process right has been violated. Review each scenario. Then, select both the correct right that has been violated and the Amendment which grants us this protection.

Unit 4 Discussion Board Discussion board on Miranda Warnings Watch the interview with Attorney Jeffrey K. Rubenstein, and conduct research. It is VERY important you follow the directions and conduct research about Miranda v. Arizona. **Do not respond to the DB based on T. V. 101 law enforcement training

6 Policing: Legal Aspects Policing: Issues and Challenges CHAPTERS 7 & 8

Oath of Office I _________ having been appointed to the office of police officer in the Village of Hoffman Estates, in the Counties of Cook and Kane, DO SOLEMNLY SWEAR, that I will support the Constitution of the United States and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of Police Officer according to the best of my ability.

Bill of Rights First 10 amendments in the U.S. Constitution There to protect the rights of all citizens.

Bill of Rights Fourth – right against unreasonable searches and seizures and right against arrest without probable cause. Fifth – right against self-incrimination and double jeopardy. Sixth – right to a speedy trial, to know the charges, to cross examine witnesses, to a lawyer, compel witnesses on one’s behalf. Eighth – right to reasonable bail, against excessive fines, against cruel & unusual punishment.

Liberty is a Double-Edged Sword Individual rights must always be balanced against public order and against the need for the police to be able to do their jobs. For police action to be “just,” it must recognize the rights of individuals while holding them accountable to the social obligations defined by law. Victim rights?

Legal Remedies to Abuse of Police Authority? Can a police officer be sued in civil court for violating a person’s civil rights?

Legal Remedies to Abuse of Police Authority? Title 42, Section 1983 U.S. Code Civil Rights Violations

Search and Seizure Fourth Amendment of the Constitution The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.  December 15, 1791

Search and Seizure Fourth Amendment of the Constitution Protects citizens privacy from unreasonable searches and seizures. Key word is “unreasonable”

Landmark Case A precedent-setting court decision that produces substantial changes in both the understanding of the requirements of due process and in the practical day-to-day operations of the justice system. Clarify the “rules of the game”—the procedural guidelines by which the police and the rest of the justice system must abide.

Who is this person?

Miranda Rights Based on the Fifth Amendment protections against self-incrimination. If police fail to inform a suspect of his or her right to remain silent, and the suspect confesses, the confession cannot be introduced as evidence in the trial. Miranda requires two essential components: 1. In-custody 2. Interrogation *Does not apply to booking identification questioning Miranda v. Arizona (1966)

The Exclusionary Rule Incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial. Evidence illegally seized by the police cannot be used in a trial. Weeks v. U.S. (1914)

Good Faith Exception to the Exclusionary Rule Officers who conduct a search or who seize evidence on the basis of good faith (that is, when they believe they are operating according to the dictates of the law) and who later discover that a mistake was made may still use the seized evidence in court. U.S. v. Leon (1984)

Fruit of the Poisoned Tree Doctrine The court ruled that just as illegally seized evidence cannot be used in a trial, neither can evidence be used that derives from an illegal seizure. This doctrine is far reaching. Complex cases may be ruined if defense attorneys are able to prove that the prosecution’s case was originally based on a search that violated due process. In such cases, it is likely that all evidence will be declared “tainted” and will not be allowed. Silverthorne Lumber Co. v. U.S. (1920) Mapp v. Ohio (1961) – State level

Search Incident to Arrest U.S. Supreme Court established that police officers have the right to conduct a search of a person being arrested regardless of gender, and to search the area under the arrestee’s immediate control. Chimel v. California (1969)

Search Incident to Arrest Valid reasons for conducting a search: 1.To protect arresting officers from attack 2.To prevent evidence from being destroyed 3.To keep the subject from escaping A search becomes illegal when it goes beyond the arrestee or the area within the arrestee’s immediate control.

The Plain View Doctrine Significant elements in any plain view doctrine seizure are: (1)the officer must have lawful presence in an area protected by the 4th Amendment. (2)The officer must observe the item in plain view. (3)The officer must immediately recognize the item as evidence or contraband without further intrusion. Horton v. California

The Police “The police at all times should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police.” - Sir Robert Peel, 1829

Unit 5 A good time to check in with your Academic Advisor! Take advantage of the free academic support services available through the Kaplan University Academic Success Center, including: Online Library Study Tips and Tools Math Center Writing Center Visit the ASC today to see all they have to offer! Just click on the My Studies tab from your KU Campus homepage.

Unit 5 - Rules for Writers A writing and grammar handbook that you can reference throughout your studies with Kaplan. This is not a book that you will read and memorize from cover to cover. It is a resource you can turn to whenever you run into a writing question, such as, "When should I use 'who' versus 'whom'?" or "How do I make sure I'm being clear in my writing?"

See you in two weeks! No seminar next week for unit 5 Next seminar is April 6 th for unit 6